DE SB5

Proposes a constitutional amendment establishing a fundamental right to reproductive freedom, including decisions about prenatal care, childbirth, postpartum care, contraception, sterilization, abortion care, miscarriage management, and infertility care

Prohibits the state from denying, burdening, or infringing upon an individual's right to reproductive freedom

Permits state regulation of abortion care after fetal viability, but prohibits banning abortions deemed medically necessary to protect the pregnant individual's life or physical or mental health based on a treating health care professional's good-faith medical judgment

Requires two-thirds approval from both houses of the General Assembly to pass, as mandated by Delaware's constitutional amendment process

Serves as the first leg of the amendment process; must be passed again by the next General Assembly after the next general election to take effect